Right to Association | THE BILL OF RIGHTS

Right to Association under the Bill of Rights

Constitutional Provision

The right to association is enshrined in Section 8, Article III (Bill of Rights) of the 1987 Philippine Constitution, which states:

"The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged."

This provision guarantees the right of individuals to freely form or join associations, whether they be political, religious, labor, or otherwise, provided their purposes are not illegal or against public order and morals.

Scope and Coverage

The right to association is broad and encompasses both freedom of association (the right to join and form associations) and freedom not to associate (the right not to be compelled to join any association).

1. Right to Form and Join Associations:

   • The Constitution protects the freedom of individuals to organize into groups or join existing groups based on common interests, advocacies, or objectives, such as labor unions, political parties, religious organizations, civic groups, and others.
   • This right is applicable to both public and private sectors. For instance, employees in the government sector, as well as those in private employment, are granted the right to form or join labor unions for the protection of their rights and welfare.

2. Right Not to Associate:

   • This also encompasses the negative right, meaning that no one can be compelled to join an association against their will.
   • Any law or government action forcing individuals to join associations or unions against their consent would violate this right.

3. Associations with Legitimate Purposes:

   • The right to association is not absolute and is subject to limitations based on the legality of the association's objectives. Associations formed for purposes that are contrary to law, public order, or morals (e.g., associations organized to incite rebellion or engage in illegal activities) are not constitutionally protected.
   • The courts have consistently upheld the state's power to regulate or proscribe associations that aim to disturb public peace or pursue unlawful ends.

Legal Limitations and Restrictions

While the right to association is a fundamental right, it is not without limitations. The police power of the State may be invoked to regulate associations in certain instances, such as:

1. National Security:

   • The State can curtail the right to association when public safety or national security is at stake. This includes banning or dissolving organizations that promote rebellion, insurrection, terrorism, or any activity that threatens national security.

2. Public Order and Morality:

   • Associations whose objectives are contrary to public order or morality may be subjected to regulation or prohibition. For example, organizations that promote illegal drug trade, prostitution, or human trafficking are not protected by the constitutional right to association.

3. Protection of Public Health and Safety:

   • In cases where the activities of associations may harm public health or safety, the State can lawfully impose restrictions or disband such groups.

4. Regulation of Labor Unions:

   • While the right to form labor unions is constitutionally guaranteed, the State retains the authority to regulate union activities, especially when the welfare of laborers and the public interest are at stake. For instance, Republic Act No. 6715 (The Labor Code) sets forth procedures and guidelines for union registration, election of officers, and collective bargaining, ensuring that unions act within legal parameters.

Jurisprudential Interpretation

Several landmark cases have shaped the understanding of the right to association in the Philippines:

1. Victoriano v. Elizalde Rope Workers' Union (G.R. No. L-25246, September 12, 1974)

   • This case affirmed the right not to associate. The Supreme Court held that an employee cannot be compelled to join a labor union if it violates their religious beliefs, applying this in the context of a Jehovah’s Witness who refused to join a union.

2. Securities and Exchange Commission v. National Labor Union (G.R. No. 27029, September 4, 1984)

   • The Court emphasized that associations should have lawful purposes. The SEC was within its authority to regulate labor unions if they engaged in illegal activities or had leaders that used union funds for personal gain.

3. Philippine Association of Free Labor Unions v. Secretary of Labor (G.R. No. 20091, April 20, 1977)

   • This case upheld the state’s right to intervene in labor disputes for the protection of public welfare, stating that the right to association, though fundamental, is not absolute.

4. Bayan v. Executive Secretary (G.R. No. 138570, October 10, 2000)

   • The Supreme Court held that peaceful assembly and association are protected rights. The government cannot unduly restrict these rights without a legitimate, compelling reason. In this case, the right of various advocacy groups to peacefully assemble was upheld, reaffirming that the right to association includes forming groups to voice dissent or call for governmental reform.

International Legal Framework

The right to association is also protected under various international instruments to which the Philippines is a party:

1. Universal Declaration of Human Rights (UDHR), Article 20:

   • Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association.

2. International Covenant on Civil and Political Rights (ICCPR), Article 22:

   • The ICCPR, which the Philippines ratified, protects the right to freedom of association with others, including the right to form and join trade unions for the protection of one's interests. It also acknowledges that any restrictions must be prescribed by law and necessary for national security, public safety, public order, public health, or morals.

3. International Labour Organization (ILO) Conventions:

   • ILO Conventions No. 87 (Freedom of Association and Protection of the Right to Organize) and No. 98 (Right to Organize and Collective Bargaining) safeguard workers’ right to freely form and join unions. The Philippines has ratified these conventions, thus ensuring that labor laws comply with international standards on the right to association.

Conclusion

The right to association, as guaranteed under the 1987 Philippine Constitution, is a fundamental right that ensures the people's freedom to form or join groups for various purposes. While this right is broad and applies to various sectors, it is not absolute. It is subject to reasonable restrictions when it comes to national security, public order, and other legitimate concerns of the State. Moreover, this right has been consistently upheld and interpreted by the courts, ensuring that both the freedom to associate and the freedom not to associate are protected.